Two Groups have moved to stop the presidential primaries of the Peoples Democratic Party (PDP) over the party’s silence on the issue of rotation of power and zoning.
One of the groups is led by one of its presidential aspirants and a former Deputy Speaker of the Abia State House of Assembly, Mr. Cosmas Ndukwe, moved to stop the presidential primaries of the Peoples Democratic Party (PDP) over the party’s stand on the issue of rotation of power and zoning.
The kernel of their cases are that the PDP over the years had a tradition of power rotation and zoning.
The group argued that the only office the opposition party has to offer was the presidential candidate, which they argued should rotate between the north and the south.
They cited the fact that since the return of democracy in 1999, Chief Olusegun Obasanjo, from southern Nigeria was the first to govern the country, followed by the late Umaru Musa Yar’Adua from the northern part of the country. This was followed by Goodluck Jonathan from the southern part of the country and now Muhammadu Buhari from the north.
Justice Donatus Okorowo of the Federal High Court, Abuja, had last Thursday, ordered the PDP to appear before it on May 5, to show cause why the request of one of its presidential aspirants to stop the scheduled primary election for the selection of the party’s flag bearer in the 2023 presidential election should not be granted.
The PDP had fixed May 28, for the conduct of its presidential primary election and to that effect screened the 17 aspirants who obtained the presidential form to run in the 2023 election.
In the suit marked: FHC/ABJ/CS/508/2022 are the PDP, National Chairman of PDP, Dr. Iyorchia Ayu, Senator Samuel Anyanwu and the Independent National Electoral Commission (INEC) as 1st to fourth respondents respectively.
Rather than grant the request, the judge ordered that the PDP should appear before it and show cause why the court should not accede to the plaintiff’s demand.
In the suit filed by his lawyer, Mr Paul Erokoro, Ndukwe also challenged the scheduled presidential primary on the grounds that it breached its own constitution on zoning.
According to him, the PDP has a rotation of elective offices in place, and by that arrangement, it ought to be the turn of the south to produce the president.
As of last week, it was obvious that the PDP was not considering zoning its Presidential ticket to the south as being clamoured by southern governors and other leaders in the zone.
Also, a member of the other group challenging the party over the issue of zoning, who pleaded to remain anonymous, pointed out that, “the presidency is not for the PDP to give; the only thing the PDP can give is its presidential ticket and that must be rotated.
But the PDP has challenged the jurisdiction of a Federal High Court to summon it over the issue which the party described as its internal affairs.
This emerged just as former Minister of Police Affairs and member of the zoning committee of the party, Adamu Maina Waziri has called on the National Executive Committee (NEC) of the party to allow the 4,200 delegates expected at the presidential convention decide who would fly the ticket of the party.
The PDP in a Notice of Preliminary Objection filed on Friday, by its lawyer, Mr Mahmud Magaji, submitted that the subject matter of the case which borders on whether to zone its presidential ticket to any part of the country was not an issue that the court has the mandate to decide.
The PDP asked the court to strike out the suit for want of jurisdiction and also dismiss it for being “statute-barred”.
According to the defendants, “the cause of action in the suit relates to the internal affairs of a political party and therefore falls within the doctrine of political questions which are non-justiciable” and as such the court lacks jurisdiction to entertain it.
On the issue of statute-barred, the PDP noted that the cause of action arose from the PDP National Zoning Committee Communique of April 5 whereas the plaintiff’s suit was filed on April 19 (15 days after) in violation of Section 285 of the Constitution which provides for 14 days to file such cases.
While arguing further that the plaintiff lacked the necessary legal right to initiate the case, the PDP submitted that no civil right of the plaintiff has been wrong pursuant to section 6(6) of the Constitution.
The party, therefore, urged the court to uphold its objection and dismiss the case of the plaintiff, adding that the plaintiff would not be prejudiced or suffer any hardship if the case was dismissed.
Meanwhile, the 3rd defendant in the suit Senator Anyanwu had approached the Court of Appeal to set aside the order of Justice Okorowo on the defendants to show cause, arguing that the trial judge erred in law when it arrived at that decision without according to them a fair hearing.
Among other complaints against the judgment of the lower court was that while the originating summons of Ndukwe was not ripe for hearing, the time for appellants to respond to the suit has also not lapsed, adding that respondents have taken steps to file counter affidavit against the suit.
“The learned trial judge erred in entertaining an ex parte motion which seeks to stop the presidential primary election of the appellant without hearing notice”, adding that the court further erred in law when it failed to “aver its mind to section 84(15) of the Electoral Act, 2022, before making an order to show cause”.
The appellant in the Notice of Appeal dated April 29, further urged the court to allow the appeal and set aside the ruling of Justice Okorowo asking the PDP to show cause why its scheduled primary election should not be halted.
(THISDAY)
